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This case was last updated from Los Angeles County Superior Courts on 04/01/2021 at 05:10:38 (UTC).

NAREK TOVMASYAN, ET AL. VS STARLIN REX OLDAKER, III

Case Summary

On 06/04/2019 NAREK TOVMASYAN filed a Personal Injury - Motor Vehicle lawsuit against STARLIN REX OLDAKER, III. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5377

  • Filing Date:

    06/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiffs

GEVORKIAN ADELIA

TOVMASYAN NAREK

Defendant

OLDAKER STARLIN REX III

Attorney/Law Firm Details

Plaintiff Attorneys

LEVIN ELLEN

MARTINIAN TIGRAN

Defendant Attorney

BAKSHANDEH JOSEPH

 

Court Documents

Motion to Compel (name extension) - Motion to Compel Notice of Motion and Motion to Compel the Deposition of Plaintiff Narek Tovmasyan and for Monetary Santions Totaling $1461.00; Points and Authoriti

2/9/2021: Motion to Compel (name extension) - Motion to Compel Notice of Motion and Motion to Compel the Deposition of Plaintiff Narek Tovmasyan and for Monetary Santions Totaling $1461.00; Points and Authoriti

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Deposition) of 03/29/2021

3/29/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Motion to Compel Deposition) of 03/29/2021

Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Deposition)

3/29/2021: Minute Order - Minute Order (Hearing on Motion to Compel Motion to Compel Deposition)

Demand for Jury Trial - Demand for Jury Trial

4/17/2020: Demand for Jury Trial - Demand for Jury Trial

Answer - Answer

4/17/2020: Answer - Answer

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

4/17/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Stipulation and Order (name extension) - Stipulation and Order re: Continuance of Trial Date

10/30/2020: Stipulation and Order (name extension) - Stipulation and Order re: Continuance of Trial Date

Complaint - Complaint

6/4/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/4/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/4/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/27/2021
  • Hearing09/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/29/2021
  • DocketUpdated -- Motion to Compel Notice of Motion and Motion to Compel the Deposition of Plaintiff Narek Tovmasyan and for Monetary Santions Totaling $1461.00; Points and Authorities in support thereof; Declaration of Joseph Bakshandeh; Proposed Order: Filed By: Starlin Rex Oldaker, III (Defendant); Result: Denied; Result Date: 03/29/2021

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  • 03/29/2021
  • DocketMinute Order (Hearing on Motion to Compel Motion to Compel Deposition)

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  • 03/29/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Motion to Compel Deposition) of 03/29/2021; Filed by: Clerk

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  • 03/29/2021
  • DocketHearing on Motion to Compel Motion to Compel Deposition scheduled for 03/29/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/29/2021; Result Type to Held - Motion Denied

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  • 03/29/2021
  • DocketPursuant to the request of moving party, Hearing on Motion to Compel Motion to Compel Deposition scheduled for 03/29/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Party on 03/29/2021

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  • 02/11/2021
  • DocketHearing on Motion to Compel Motion to Compel Deposition scheduled for 03/29/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 02/09/2021
  • DocketMotion to Compel Notice of Motion and Motion to Compel the Deposition of Plaintiff Narek Tovmasyan and for Monetary Santions Totaling $1461.00; Points and Authorities in support thereof; Declaration of Joseph Bakshandeh; Proposed Order; Filed by: Starlin Rex Oldaker, III (Defendant)

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  • 10/30/2020
  • DocketStipulation and Order re: Continuance of Trial Date; Filed by: Starlin Rex Oldaker, III (Defendant)

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  • 10/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/30/2020

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3 More Docket Entries
  • 04/17/2020
  • DocketDemand for Jury Trial; Filed by: Starlin Rex Oldaker, III (Defendant)

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  • 04/17/2020
  • DocketAnswer; Filed by: Starlin Rex Oldaker, III (Defendant)

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  • 06/05/2019
  • DocketNon-Jury Trial scheduled for 12/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 06/04/2019
  • DocketComplaint; Filed by: Narek Tovmasyan (Plaintiff); Adelia Gevorkian (Plaintiff); As to: Starlin Rex Oldaker, III (Defendant)

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  • 06/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Narek Tovmasyan (Plaintiff); Adelia Gevorkian (Plaintiff); As to: Starlin Rex Oldaker, III (Defendant)

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  • 06/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Narek Tovmasyan (Plaintiff); Adelia Gevorkian (Plaintiff); As to: Starlin Rex Oldaker, III (Defendant)

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  • 06/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05377    Hearing Date: March 29, 2021    Dept: 26

Tovmasyan v. Oldaker, III, et al.

MOTION TO COMPEL DEPOSITION AND REQUEST FOR SANCTIONS

(CCP § 2025.450)

TENTATIVE RULING:

Defendant Starline Rex Oldaker, III’s Motion to Compel Plaintiff’s Deposition and Request for Sanctions is DENIED.

ANALYSIS:

Plaintiff Narek Tovmasyan (“Plaintiff”) filed the instant action for motor vehicle negligence against Defendant Starline Rex Oldaker, III (“Defendant”) on June 4, 2019. Defendant filed the instant Motion to Compel Plaintiff’s Attendance at Deposition and Request for Sanctions on February 9, 2021. No opposition has been filed to date.

Legal Standard

Code of Civil Procedure section 2025.450, section (a) states in relevant part:

If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

(Code Civ. Proc., § 2025.450, subd. (a).) The motion must “set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice” if sought and “be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2025.450, subds. (b)(1), (2).) A court shall impose monetary sanctions if the motion to compel is granted, unless the one subject to sanction acted with substantial justification or other circumstances would make the imposition of the sanction unjust. (Code. Civ. Proc., § 2025.450, subd. (g)(1).)

Discussion

The motion is not accompanied by a sufficient meet and confer declaration. Defense counsel provides evidence that Plaintiff’s first two deposition dates were continued at the parties’ mutual agreement. (Motion, Bakshandeh Decl., ¶¶1-4 and Exhs. A-B.) Following service of notice of Plaintiff’s deposition for November 19, 2020, Plaintiff failed to appear on that date. (Id. at Exh. D.) Defense counsel, however, does not demonstrate that any effort was made to contact Plaintiff’s counsel regarding the non-appearance, despite their earlier communication about deposition dates. (Id. at ¶7.) A meet and confer effort to inquire about the non-appearance is required under Code of Civil Procedure section 2025.450.)

Based on Defendant’s failure to comply with the requirements of Code of Civil Procedure section 2025.450, subdivision (b), the request to compel Plaintiff’s deposition and for an award of sanctions is denied.

Conclusion

Defendant Starline Rex Oldaker, III’s Motion to Compel Plaintiff’s Deposition and Request for Sanctions is DENIED.

Court clerk to give notice.